St. Louis S. F. R. Co. v. State

1910 OK 33, 106 P. 818, 25 Okla. 420, 1910 Okla. LEXIS 280

• Court: Supreme Court of Oklahoma
• Decided: January 11, 1910
• Docket: 875
• Status: Published

Opinion

Dunn, J.

This case is an appeal to this court by plaintiff in error, defendant below, from an order made by the Corporation Commission of the state requiring it to build a side track to serve the industry of the defendant in error the Snyder Ice & Storage Company, who was complainant below'. The facts, as developed at the hearing and found in the order, bring the case within the rule announced by this court in the case of Chicago, Rock Island & Pacific Ry. Co. v. State et al., 23 Okla. 94, 99 Pac. 901, and Atchison, Topeka & Santa Fe Railroad Company v. State of Oklahoma and J. B. Davis, 24 Okla. 616, 104 Pac. 908, and St. Louis & San Francisco Railroad Company v. Haywood et al., ante, p. 417, 106 Pac. 862. The complainant sought relief under section 18 of article 9 of the Constitution (Snyder’s Const. p. 238), when under the facts'its remedy was provided for by section 33 of article 9 of the Constitution (Snyder’s Const. p. 267).

Eor the reason set forth in the foregoing opinions, the order of the Corporation Commission is reversed.

All the Justices concur.